Umbrella contract - not able to give notice

**NotAllThere** · 27 February 2020, 21:29

Yes, you've chosen the wrong umbrella. But I only say that because I used them in a previous incarnation back in 1997, and wasn't impressed. This clause hasn't caused me, 23 years later, to change my opinion, because they know it's nonsense.

Anti-slavery laws prevent anyone from being required to work. All your employer (the brolly) can do is either pay your (minimum wage) salary for 12 weeks, while you sit at home. As soon as you start working for someone else, they can stop paying you... and that's it. There are some exceptions to this, but they're really unlikely to apply. And even then, it's almost impossible to make them to apply over the normal payment cycle of one month.

**northernladuk** · 27 February 2020, 21:58

The lesson here is not to take advice from an agent. Do your own research on how you get paid tens of thousands a year and not rely on someone who doesn't give a toss.

The agent will be out this weekend on the piss with the kick back he got for putting you on to them.

**DolanContractorGroup** · 28 February 2020, 10:51

Originally posted by Xanthalas View Post

More worrying is that the assignment schedule says I am not allowed to give notice at all and must work the full length of the assignment (12 months).

This is most likely the requirement of the agency/client. Best to speak with them as the umbrella won't be able to help with this.

Also, are you sure that you've read the employment contract properly? Most standard contracts say 1 week for every year of service up to 12 years, which means 12 weeks notice if employed for 12 years. I would be really surprised if an umbrella had a 12 weeks notice period from the beginning because it's not really useful for either party, and would only deter workers from joining.

Kind regards

**Snooky** · 28 February 2020, 14:25

If you were off "sick" for 3 or 4 weeks, I'm sure the client and hence the umbrella wouldn't enforce any notice period. Funny how the stress of hating your current job can bring these illnesses on.

**Old Greg** · 28 February 2020, 14:32

Originally posted by Snooky View Post

If you were off "sick" for 3 or 4 weeks, I'm sure the client and hence the umbrella wouldn't enforce any notice period. Funny how the stress of hating your current job can bring these illnesses on.

Or you can take a religious vow not to wash.

Or you can put in a GDPR request to the client asserting your right to be forgotten. If they refuse, threaten to sue the Client Co. and the Directors personally. Turn up to the Directors' home addresses with a massive dog and hand over legal looking letters to their spouses.

These three approaches taken together should do the trick.

**Xanthalas** · 28 February 2020, 20:19

Originally posted by DolanContractorGroup View Post

This is most likely the requirement of the agency/client. Best to speak with them as the umbrella won't be able to help with this.

Also, are you sure that you've read the employment contract properly? Most standard contracts say 1 week for every year of service up to 12 years, which means 12 weeks notice if employed for 12 years. I would be really surprised if an umbrella had a 12 weeks notice period from the beginning because it's not really useful for either party, and would only deter workers from joining.

Kind regards

Thanks for all the advice folks.

Yes, I'm sure it is 12 weeks. Here is the clause copy+pasted from the contract: "twelve weeks' notice if you have been continuously employed for 1 month or more but less than twelve years;".

I spoke to them and they said that clause is in there to stop people umbrella-hopping and that I can leave at any time once the assignment is complete.The assignment contract says I can't give notice for the duration of the assignment (12 months) but from what I've found from google searches today that isn't too unusual these days.

I did some research before choosing them and Giant didn't seem any better/worse than the others so I went with the agency's recommendation. Of course I didn't find out these details until I'd signed up with them and received the contracts to sign.

Mike

**Lance** · 28 February 2020, 20:41

Originally posted by Xanthalas View Post

Thanks for all the advice folks.

Yes, I'm sure it is 12 weeks. Here is the clause copy+pasted from the contract: "twelve weeks' notice if you have been continuously employed for 1 month or more but less than twelve years;".

I spoke to them and they said that clause is in there to stop people umbrella-hopping and that I can leave at any time once the assignment is complete.The assignment contract says I can't give notice for the duration of the assignment (12 months) but from what I've found from google searches today that isn't too unusual these days.

I did some research before choosing them and Giant didn't seem any better/worse than the others so I went with the agency's recommendation. Of course I didn't find out these details until I'd signed up with them and received the contracts to sign.

Mike

You haven't chosen anything until you've signed. You seem to have missed the difference.
#lessonlearned

**fidot** · 29 February 2020, 07:45

Always make acceptance ,"subject to contract"

**Wobblyheed** · 3 March 2020, 17:18

Originally posted by Xanthalas View Post

Having contracted via my PSC for years I am due to start my first contract under an umbrella company next week.

I've gone with Giant umbrella company (recommended by agency) and been given the employment contract and assignment schedule.

The contract of employment with Giant says I have to give 12 weeks notice - which seems excessive to me if I'm just using them as an umbrella.

More worrying is that the assignment schedule says I am not allowed to give notice at all and must work the full length of the assignment (12 months).

Is this normal with umbrella companies?

Whilst I have never quit a contract early and have no plans to, I don't like the idea of being unable to quit if something life changing happens and I need to stop work.

Have I picked the wrong Umbrella?

Mike

oh dear....

Umbrella contract - not able to give notice